Legal Opinion

In re Guardianship of McChesney

Wisconsin Supreme Court

Decided March 20, 1900PublishedCited by 5 opinions

Appeal from an order of the circuit court for Dane county: R. G. SiebeoKeb, Circuit Judge. Proceedings for the appointment of a guardian of two minor children of Frances McChesney and the petitioner.

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Appeal from an order of the circuit court for Dane county: R. G. SiebeoKeb, Circuit Judge. Proceedings for the appointment of a guardian of two minor children of Frances McChesney and the petitioner. The marriage took place in 1887. A divorce was granted in 1894. There were two infant girls, Edna Mabel and Yiola Blanche, and an infant boy who died subsequent to the divorce, the custody of whom was awarded to the mother, the petitioner being required to pay to her $200 per year during their minority for their support. In 1898 Mrs. McChesney remarried to "William Lappley, with whom she resided…

1Opinion of the CourtMaeshall, J.

There are no legal questions that need be discussed on this appeal. It is conceded that the mother, who was awarded the custody of the children in the divorce action, being dead, the petitioner, as the only living parent, is entitled under the statute to be appointed their guardian, if competent to transact his own business and not otherwise unsuitable within the meaning of sec. 3964, Stats. 1898. As regards the first requisite there is no question, so the case comes down to the second. Independent of the petitioner’s ability to transact his own- business, is he a suitable person to be…

2Cases cited5 opinions

  1. Markwell v. PerelesWisconsin Supreme Court · 1897
  2. Sheers v. SteinWisconsin Supreme Court · 1889
  3. Wilkinson v. DemingIllinois Supreme Court · 1875
  4. In re Goodenough ex rel. GoodenoughWisconsin Supreme Court · 1865
  5. Johnston v. JohnstonWisconsin Supreme Court · 1895

3Cited by5 opinions

  1. Otjen v. FrohbachWisconsin Supreme Court · 1912
  2. Guardianship of Schmidt v. BarkholtzWisconsin Supreme Court · 1976
  3. In re StittgenWisconsin Supreme Court · 1901
  4. Crone v. GoetschWisconsin Supreme Court · 1920
  5. In Re ByranNevada Supreme Court · 1925

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